| A Tenant's Remedy for the Landlord's Breach of the Implied Warranty of Habitability -- Actual and Constructive Eviction |
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| A lease agreement impliedly covenants that the tenant will have the peaceable use and enjoyment of leased premises that are fit for human habitation. In exchange, the tenant covenants that he will pay rent to the landlord. A landlord may file an eviction proceeding if the tenant breaches the covenant to pay rent; however, if the tenant pays rent and the landlord either physically ejects the tenant from the premises or substantially compromises the tenant's enjoyment of the premises, the landlord has breached the covenant by eviction. More... |
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| Self-Help Remedy for Encroachment by Neighbor's Trees |
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| A property owner may cut back branches and roots that stray onto his or her property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. More... |
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| As-Is Clauses in Real Estate Sale Contracts |
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| In today's white-hot real estate market, more and more sellers are listing there properties for sale "as is." What does this mean to a prospective buyer? When a seller indicates that a property is being sold "as-is," the seller is essentially offering the property on a take-it or leave-it basis.
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| Boundary Fences and Disputes between Neighbors |
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| Most people hope to live harmoniously with their neighbors. Sometimes, however, disputes arise due to varying lifestyles. More... |
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| Trees - Fruit & Nut Trees |
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| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. The rationale behind the right of self-help is that, to the extent possible, property owners should be able to protect their interests without the necessity of resorting to the courts. More... |
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